{"id":28377,"date":"2017-08-01T07:36:44","date_gmt":"2017-08-01T12:36:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=28377"},"modified":"2017-08-03T06:55:16","modified_gmt":"2017-08-03T11:55:16","slug":"or-two-on-preservation-of-search-issues-at-the-suppression-hearing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=28377","title":{"rendered":"OR: Three on preservation of search issues at the suppression hearing"},"content":{"rendered":"<p>Defendant preserved his argument that officer safety was not a valid justification in his memorandum of law, and that put the state and the trial court on notice that was an issue the state had to address, and didn\u2019t. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A157143.pdf\">State v. Mejia<\/a>, 287 Ore. App. 17, 2017 Ore. App. LEXIS 928 (July 26, 2017).<\/p>\n<p>Defendant did not preserve the issue of whether opening the door of his car was a search by mentioning it for the first time in his closing argument at the hearing on the motion to suppress. The state wasn\u2019t given enough notice to respond. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A160367.pdf\">State v. Geyer<\/a>, 287 Ore. App. 25, 2017 Ore. App. LEXIS 916 (July 26, 2017).<\/p>\n<p>The state didn\u2019t sufficiently raise its alternative argument for affirmance to the trial court to get it ruled on. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A156660.pdf\">State v. Najar<\/a>, 287 Ore. App. 98, 2017 Ore. App. LEXIS 925 (July 26, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant preserved his argument that officer safety was not a valid justification in his memorandum of law, and that put the state and the trial court on notice that was an issue the state had to address, and didn\u2019t. State &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=28377\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[104,66],"tags":[],"class_list":["post-28377","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-burden-of-proof"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28377","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=28377"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28377\/revisions"}],"predecessor-version":[{"id":28422,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/28377\/revisions\/28422"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=28377"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=28377"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=28377"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}